Monthly Archives: February 2018

Newly Received Materials from LSUC CPD

Below are some of the most recent CPD materials added to the library collection. Each title links to the book record where you can view more details and the full table of contents. All materials are available in print at the library, or if you’re interested in only a couple of articles, feel free to email us a request for a scanned copy.

25th Annual Immigration Law summit (November 6, 2017)

  • What’s new in immigration and citizenship law / Barbara Jo Caruso, Bill MacGregor
  • Till misrepresentation do us part : spousal sponsorships / Mario Bellissimo
  • Reflections of a refugee lawyer / Lorne Waldman
  • 2017 practice and procedure cases you might not know about / Ann Margaret Oberst

Six-Minute Real Estate Lawyer 2017 (November 21, 2017)

  • The non-resident speculation tax tips after seven months / Ian Speers
  • What is a conditional building permit? / John Mascarin
  • Warranty protection for residential condominium conversions : what you need to know / Odysseas Papadimitriou
  • Registering leases, notices of lease and short form leases / Caleigh Caplan
  • From super suite to ground floor unit : the new condo conversion / Merredith A. MacLennan

6th Annual Human Rights Summit (December 2, 2017)

  • Human rights in the workplace : a legislative update / Bonny Mak, Alyssa LeBlanc
  • Exploring the limits of the employer’s right to medical information : a review of Ontario arbitral jurisprudence / Simran Prihar
  • Major case law update : focus on human rights and services and housing / Danielle Leon Foun Lin
  • Understanding genetic discrimination : the Genetic Non-Discrimination Act and Ontario Bill 30 / Peter Engelmann
  • Beyond binary : an update on gender identity and gender expression / Ryan Edmonds, Nabila Khan

Civil Appeals : The Year in Review (December 12, 2017)

  • A review of key 2017 employment cases / Todd A. Archibald, Connie Reeve, Mitchell Fournie, Geetha Philipupillai
  • Extraterritorial jurisdiction of the courts : applying old principles in new ways and modifying old principles in new ways / Geoff R. Hall
  • Wilson v Alharayeri : expanding corporate directors’ personal liability / Dena Varah, Ren Bucholz
  • Limitation periods update / Sarah Weingarten

Real Estate Practice Basics 2017 (December 13, 2017)

  • Title searching : a checklist / Joel Kadish
  • Introduction to title insurance / Lori M. Swartz
  • Fraud in real estate & more / Raymond Leclair
  • Residential mortgage financing / originally prepared by Karen Yolevski ; updated by Mark Gelfand

Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through

Family Matters

Jones v. Jones (2018 ONSC 1069)
costs — favourable — partial indemnity — offer to settle — equalization
Justice P. Roger

Fortier v. Lauzon (2018 ONSC 946)
self-represented litigant — matrimonial home — rollover — costs — equalization
Justice M. Shelston

CAS (Ottawa) v. C.R. (2018 ONSC 911)
assessment — children — parenting — motion — ordered
Justice D. Summers

CAS (Ottawa) v. M.M. (2018 ONSC 786)
father — statements — child protection worker — hearsay — counsellor
Justice D. Summers

Civil Matters

Bouchard c. CECCE & Dupuis (2018 ONSC 1129)
dépens — offres — taux d indemnisation — transaction — écoles catholiques
Juge S. Gomery

Mississippi Valley Conservation Authority v. Mion (2018 ONSC 1114)
contempt — wetland — penalty — replant — fine
Justice R. Ryan Bell

Cahill v. Cahill (2018 ONSC 1059)
costs of the interpleader motion — solicitor-client account — partial indemnity — endorsement — disbursements
Justice S. Corthorn

Abou-Gabal v Merovitz (2018 ONSC 991)
bills — reissued — fees — special circumstances — accounts
Justice S. Gomery

Tesla Estate v. Tesla-Johnson (2018 ONSC 973)
estate — financial statements — notice of objection to accounts — general ledgers — passing
Justice R. Ryan Bell

Cornelis Grey Construction Inc. v. Folz (2018 ONSC 647)
homeowners — contractor — work — roof — contract
Justice C. MacLeod

Cimtel Inc. v. TSV Holdings Ltd. (2018 ONSC 894)
examination for discovery — corporate representative — personal knowledge — officer — reseller
Justice R. Ryan Bell

Bergeron v. Movati Athletic (Group) Inc. (2018 ONSC 885)
bonus — termination clause — employment — notice period — reasonable notice
Justice M. O’Bonsawin

Mesfin-Tesfaye v. Riverpark Place Retirement Residence (2018 ONSC 882)
duty of care — three-month probationary period — terminated — argues — license
Justice S. Kershman

Noreast Electronics Co. Ltd. v. Danis (2018 ONSC 879)
suppliers — invoices — injunction — evidence — accounts
Justice S. Gomery

Criminal Matters

R. v. Wilson (2018 ONSC 964)
dangerous offender — assessor — talk-talk-overs — proposed — gmail
Justice C. Hackland

Divisional Court Decisions from Ottawa Judges

Fernandes v. Darrigo (2018 ONSC 1039)
matrimonial home — motion — fresh evidence — child — best interests
Justices B. Abrams, W. Matheson, and R. Ryan Bell

Court of Appeal Decisions of Local Interest

R. v. Constant-Booth (2018 ONCA 154)
sentence imposed — unfit — serious — conviction — cowardly
Justices J. MacPherson, G. Huscroft, and G. Trotter

R. v. D.D. (2018 ONCA 134)
post-traumatic stress disorder — victim — offences — mental — mitigating
Justices K. Feldman, D. Brown, and J. M. Fairburn

Lee v. McGhee (2018 ONCA 128)
drafted — amend — bring it within the jurisdiction — solely — redress
Justices K. Feldman, D. Paciocco, and J. M. Fairburn

Carleton Condominium Corporation 116 v. Sennek (2018 ONCA 118)
condominium corporation — vexatious litigant application — self-represented — proceedings — frivolous
Justices H. LaForme, P. Rouleau, and D. Paciocco

New on WestlawNext: Reading Mode

Recently we’ve had to depend much more on our electronic subscriptions here at the library while renovations are ongoing, so we were delighted to see a “Reading Mode” button added to electronic texts in our WestlawNext Subscription!

This mode adds several features to enhance readability. It adds the Table of Contents for the text on the left for quick browsing, links at the top of the article to subheading anchors in the text, and it eliminates the top icon bar to avoid distraction (clicking out of Reading mode will bring it back so you can have your usual download/email options).

Best of all, when you scroll through the text new content just keeps loading! No more having to click through countless sections as you read. All in all, a much nicer experience when dealing with e-looseleafs. We definitely approve of this nice new feature!

Global Legal Hackathon Ottawa: Feb 23-25, 2018


We’re quite excited that there’s an Ottawa meetup for the Global Legal Hackathon, coming up on February 23-25, 2018!

For those not familiar with the concept of a hackathon, quite simply it’s a meetup that looks to brainstorm and implement technical solutions to solve a problem or address a need. Programmers, lawyers, business leaders and more are set to come together, form teams, and create solutions which they will then present to a panel of judges.

The hackathon is free to participate, and is looking for legal community members with all types of skills to join in! If you have an interest in legal tech and the future of technology in law, this is definitely not to be missed!

You can find out more information and register for the hackathon on their website, as well as following the hashtags #GLH2018 #glhOttawa on Twitter.

Here is a more detailed FAQ, for those inclined to know more:

What is it?
The Global Legal Hackathon is a chance for thousands of people in 40 cities around the world to combine ideas and technology to build concepts and solutions that address business and practice of law challenges and access to justice opportunities. This 3 minute video tells the story:

In Ottawa, collaborators from Invest Ottawa, Compass / vLex Canada, UOttawa faculty of law and its Programme de Pratique du Droit, and many others, with the generous support of IBM and the CCLA, will converge on Bayview Yards for a weekend of collaboration, hacking, creation and education. Visit the Ottawa event site for full details.

Specifically, multi-disciplinary teams come together to collaborate, build and launch mobile, web apps or any other innovations aimed at solving a particular problem. People can come individually or as a team, with an existing idea to pitch, or to listen and join one of the teams that will be formed at the start of the event.  The goal is to come up with a prototype or proposal at the end of the hackathon to present in front of a panel of esteemed judges that includes UOttawa Law Dean Adam Dodek, Invest Ottawa CEO Michael Tremblay, and National Chair of the CBA Futures Committee Martine Boucher. With adequate sponsorship, we also hope to create a number of other local competition categories.

Throughout the week-end, teams will be assisted by mentors, be entertained and educated by many guest speakers  addressing such topics as privacy issues for legal apps, the Internet of Things, blockchain, legal market changes, AI and Machine Learning, among other things. We are also expecting a very special guest to speak about the Ontario Minister of Attorney General’s efforts to introduce technology innovations to improve access to justice.

The winner for Ottawa will go through to a global competition, culminating with a global winner announced at a banquet in New York on April 21. But in the long term, we all win as the Ottawa law and tech communities come together and find new ways of supporting each other!
Our objective is to bring 150 people together, with up to a further 100 participating remotely or attending different parts of the event as observers. We are making great progress toward those targets.
When is it?
February 23rd at 5pm through to February 25th at 9pm. Full schedule details are updated daily on the Ottawa site.
Who else is involved?
Globally, city hosts include major legal publishers like Thomson Reuters and Wolters Kluwer, major tech companies like Microsoft and American Express, major law firms like Orrick and Baker Hostetler, and major law schools like USC and the Singapore Academy of Law. More city sponsors as being announced every day, and it reads like a who’s who of forward-thinking legal tech companies and institutions.

We are anticipating very good participation from the law school, and are pleased to see strong interest brewing in the Department of Justice and other areas of the government and of the courts, but we have an especially strong desire to engage the tech talent being developed in Ottawa’s colleges and universities. The world is watching and this is great place for those with technology, design, and programming skills to shine. With the legal community coming around to understanding its need to collaborate with these professionals, this event will prove a great opportunity for that collaboration to begin.

What about the technology aspects?
Any and all technologies are permitted and can be expected to be used in this event. In addition, some organizations will be making available technology and content to help turbo-charge participant efforts. Details of sponsored technologies will be posted on the global site shortly. As set out in this blog post from the global organizers  vLex (in partnership with Compass / vLex Canada) will be making its Iceberg AI platform available to 100 teams around the world. The platform enables access to the vLex case citator as well as to Machine Learning capabilities such as automated legal topic classification, entity and key phrase extraction, and “semantic comparison” functionality trained on legal information but applicable to any document type. In addition, teams will have the option of having their version of Iceberg pre-loaded with either 33,000 Canadian Federal Court decisions or 30,000+ decisions of the US Court of Appeals for the DC Circuit. Iceberg will be have at least one IBM Watson capability directly integrated (a natural language understanding module that extracts names, topics and key phrases from any document type), and IBM will shortly be announcing the details of other Watson capabilities that will be available for teams to use.

As to what teams may build — who knows! The results will be influence by the depth and breadth of law and tech community participation as well as the quality of guidance teams receive from volunteer mentors.

Great!! How do I get involved?
To sign up as a participant or attendee, access the sign-up forms through
To volunteer as a mentor (which essentially amounts to sitting at a table for an hour or two as teams come up to share what they are doing and seek your guidance on elements that could make the idea useful in the real world), please contact Colin Lachance at or 613-316-3290
To participate as a sponsor or to offer up an expert speaker for the Saturday education sessions, please contact Colin Lachance at or 613-316-3290.
Sponsorship packages will go to support food, tables, room rental and other aspects. The associated rights, privileges and recognitions will be tailored to the firm, and the packages will range from $1,000 to $3,000.
Yes, as you might have guessed, to step up and support your community as a sponsor, please contact Colin Lachance at or 613-316-3290.
What do I get as Platinum Presenting Sponsor?
For $5,000, the Platinum Presenting Sponsor will receive:
  • premiere recognition as sole Platinum sponsor
  • scope and space for firm signage (up to 5 placements, including behind the speakers on opening day and sunday evening pitches, a booth and collateral display table for the full event
  • acknowledgement from the main stage at each main step of the event
  • option of delivering a 30 minute information session during a Saturday speaking slot
  • a designated “<your firm/institution here> Mentor” corner to provide business of law counselling and feedback to hacking teams
  • premiere placement and high volume mentions and thanks on the site, the event app and social media communications between now and one week following the event
  • opportunity, at your option, to create a designated prize category and award
  • authorization to use and re-use for any purpose, the week-end media reel developed by the videographers we bring in to capture all the excitement and action of the week-end!

#ThrowbackThursday: Our Winter Olympics Appreciation Post

Readers, I hope you’ll forgive our non-legal related Throwback Thursday this week, as we head into the Winter Olympics. We simply can’t help ourselves around here: we love the Olympics. Winter or summer, it doesn’t matter. Brenda handled the summer Olympics a couple of years ago on the blog, and with the opening ceremonies tomorrow in Pyeongchang, I’m taking a look at the winter games today. Here are four big stories tied to today’s date from Canadian Winter Olympics history.

On this Day, 1948 (Ottawa Connection!): 70 years ago today was the closing of the 1948 Winter Olympics, held in St. Moritz, Switzerland. It was the first Winter Olympics held after WWII, and was where Ottawa figure skater Barbara Ann Scott won gold in the women’s competition. Two factoids on this skate: 1. The skating rink was outdoors (!), and during her skate a low-flying plane overhead (!!) caused some audio distraction; and 2: in 1948 there were no Zambonis, so she had to just skate around the chopped up ice from the hockey game the night before.

Here’s a video of her skate:


On This Day, 1998: On this day in 1998, Ross Rebagliati won the first ever gold in snowboarding at the Nagano Olympics. Now there’s your legal connection: remember everything that happened after that? You can find the Court of Arbitration for Sport decision on his case here.


On this day, 2002: 16 years ago today was the opening ceremonies of the Salt Lake City Games. Some of you may remember this as a games where both the Canadian Women’s and Men’s hockey teams won gold. There was one major news story, however, that dominated those games:


On this day, 2014: We’ll end on a happy note – the Dufour-Lapointe sisters! Who doesn’t love this story of the sisters winning Gold and Silver in the Ladies’ mogul event in Sochi?

Ottawa Blog Roll: January 2018

Please find below links to blog posts or articles authored by the Ottawa legal community in January.

Civil Litigation

What Is The Threshold And Who Meets It?
– Edward (Ted) Masters, Mann Lawyers LLP

Reduced Accident Benefits And Insurance Broker Liability
– Edward (Ted) Masters, Mann Lawyers LLP

For WSIB Purposes, is “Intent” to Study Enough to Make You a “Student”?
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

New Owner Information Certificate
– Rod Escayola, Condo Adviser

Condo Learning Opportunities February/March
– Graeme Macpherson, Condo Adviser

New Employment Standards Affecting Condominium Corporations
– Jocelyn Duquette, Condo Adviser

Can Owners Install Clotheslines Under the Green Energy Act?
– David Lu, Davidson Houle Allen LLP

New Regulations for Condominium Managers
– James Davidson, Davidson Houle Allen LLP

Proxies and How They May Now be Used for Elections
– Christy Allen, Davidson Houle Allen LLP

Corporate Commercial Law

The Basics of Blockchain and Smart Contracts
– Mark Asfar, Momentum Business Law

Criminal Law

The Theoretical case of R. v. Patrick Brown
– Bryan Delaney, Delaney’s Law Firm

January 2018 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

On Technology And Access To Justice
– Anne Marie McElroy, McElroy Law

The Presumption of Innocence is for Courtrooms, Not Politics
– Michael Spratt, Abergel Goldstein & Partners LLP

Trudeau’s Aga Khan Vacation, Get Ready for Duffy Part 2
– Michael Spratt, Abergel Goldstein & Partners LLP

Loblaws Skates on Price-Fixing, Tried to Send Homeless Man to Jail
– Michael Spratt, Abergel Goldstein & Partners LLP

My Predictions for Federal Justice Reform in 2018
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

The Man and the Mini-Horse in the Middle Office – Service Animals in the Workplace
– Colleen Hoey, Mann Lawyers LLP

Court of Appeal Confirms that Silence is Golden
– Sean Bawden, Labour Pains

Employers Can No Longer Require Employees to Wear High Heel Shoes – Except in “Entertainment and Advertising Industry”
– Sean Bawden, Labour Pains

New Rules for Employers for Public Holidays
– Megan Cornell, Momentum Business Law

Changes to Ontario Employee Personal Emergency Leave, January 2018
– Megan Cornell, Momentum Business Law

Limitation periods and statutory severance pay: an update
– Andrew Vey, Vey Willetts LLP

Continue Reading…

Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through

Family Matters

Milne v. Milne (2018 ONSC 614)
father — child support — offer — settle — successful
Justice A. Doyle

Labrèche v Labrèche (2017 ONSC 615)
costs — bad faith — equalization — offer — rates
Justice H. Williams

Derakhshan v. Narula (2018 ONSC 537)
joint family venture — unjust enrichment — renovations — common-law relationship — evidence
Justice L. Sheard

Jirova v. Benincasa (2018 ONSC 534)
arbitration — email — evidence — process — partner
Justice J. Audet

K.F. v. Children’s Aid Society of Ottawa (2018 ONSC 364)
grandparents — openness — statutory timeline — parens patriae jurisdiction to extend — gap
Justice J. Audet

Civil Matters

Daly Square Inc. v. 1786097 Ontario Inc. and Camille Mikhael (2018 ONSC 745)
limitation period — notice of motion — statute-barred — factum — dismissal
Justice H. Williams

Mohamed v. Dakhil (2018 ONSC 626)
solicitor-client account — motion record — settlement — dispensing with the requirement — funds
Justice S. Corthorn

Greenough v. Maple Ridge Media Inc. (2018 ONSC 660)
heating — heat — system — slabs — house
Justice S. Gomery

Continue Reading…

#ThrowbackThursday: Demolition Before & After

The old library half of our space is in full on demolition mode right now, which is incredibly exciting and interesting for us to see! Every morning when we come in there is something new missing – the carpets, the ceiling, occasionally an entire wall!

I was flipping back through photos on my phone from December, and found a photo taken from the same angle as one I took today. Check out some of the demo work that’s been happening:




Goodbye, old photocopy room!